In terrorem clause dealing only with distribution does not bar will contest

The decedent’s will provided that any bequest distributed to more than one beneficiary should be divided as the beneficiaries agree and if they cannot, by the executor.  Any “further dispute” disqualified the beneficiaries involved from any distribution.  Two of the three beneficiaries brought a will contest which was unsuccessful.

The executor then sought construction of the in terrorem clause.

The court found no violation of the clause, noting that disposition is not the same as distribution and that a challenge to the will is a challenge to the disposition of the testator’s estate not to its distribution under the will.  That distinction especially in light of the rule that in terrorem clauses are to be narrowly construed to avoid forfeiture was decisive.

Harrison v. Morrow, 977 So. 2d 457 (Ala. 2007).